Democracy at the State level

What is Federalism?

Describes the relationship between the national and state government. The national government has sovereignty when it comes to some issues, state gov has sovereignty when it comes to other issues.

What is a unitary system?

National government is sovereign, the state government has no sovereignty

What is a confederate system?

States are sovereign. May be a national government, but it means nothing if the states do not like what the national gov is doing

What system does the US government have?

Federalist system.

What are some examples of national government powers?

Printing Money, Power to declare war, making treaties, regulating interstate commerce.

How do we know what powers the national government have?

It is listed in the US constitution.

What are some state government powers

Education, Licensing (marriage, medicine, law), Crime

What powers are shared with the national and federal government?

Taxing!

What is the supremacy clause?

The federal law is always supreme as long as the national government has a right to do those things.

What built in mechanisms promote federalism?

The style of the constitution and the commerce clause.

How did the style of the constitution promote federalism?

The US constitution was written in natural law (broad principles) which means they are very broad. State constitutions are written in positive law (very specific). When the constitution is broad, it leads to interpretation, which promotes change, which means that federalism is bound to evolve.

Gibson v Ogden and the Commerce Clause

The state of NY only created one ferry permit between NY and NJ. Another guy was denied getting the state permit and went to the national government to get a permit. The first dude got angry and sued. The court case went all the way to the supreme court to determine if it is interstate or intrastate travel. States regulate intrastate travel while the national gov regulates interstate travel. SCOTUS determined that it was interstate travel. They defined that The commerce clause is: anytime two states intermingle in a commercial way! SCOTUS also defined interstate commerce “anything that has a substantial impact on the nation's economy” States now do not have the ability to regulate their own economy

Why is Federalism important?

State laws reflect the values and interests of the people they represent. Contrast the values of Utah (Mormons) with Nevada (Las Vegas). Since we live in such a diverse nations (race, ethnicity, religion, language) federalism allows us to manage conflict. Federalism also creates some bad things, as jim crow laws in the south was a result of federalism.